CRIMINAL PROCEDURE ā Remand Proceedings ā Distinction Between Remand and Arraignment
Principle Statement
What is remand? It means to send to prison or send back to prison from a court of law to be tried later after further inquiries have been made, often in the phrase 'remanded in custody'. It also means to recommit accused on trial to custody after a preliminary examination. Although remand proceedings is not set out in the Criminal Procedure Law, it is known that the charge is not read to the accused and therefore no plea taken. That makes the difference between remand and arraignment. Once an accused person is brought under section 236(3) for remand, the magistrate orders his remand without arraignment. By the subsection, the magistrate can do one of two things. He can remand the accused in prison. He can also grant bail pending arraignment.
Ratio Decidendi (Source)
Per Tobi, JSC, in Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC) at pp. 19ā20; Paras CāA.
"What is remand? It means to send to prison or send back to prison from a court of law to be tried later after further inquiries have been made, often in the phrase 'remanded in custody'. It also means to recommit accused on trial to custody after a preliminary examination. Although remand proceedings is not set out in the Criminal Procedure Law, it is known that the charge is not read to the accused and therefore no plea taken. That makes the difference between remand and arraignment. Once an accused person is brought under section 236(3) for remand, the magistrate orders his remand without arraignment. By the subsection, the magistrate can do one of two things. He can remand the accused in prison. He can also grant bail pending arraignment."
Explanation / Scope
This principle distinguishes between remand proceedings and arraignment. Remand is a preliminary proceeding where a suspect is brought before a magistrate for detention pending trial. In remand proceedings, the charge is not read and no plea is taken. In arraignment, the charge is read and the accused is called upon to plead. The magistrate under Section 236(3) of the Criminal Procedure Law has two options: remand in custody or grant bail pending arraignment. The principle applies where suspects are brought for indictable offences outside the magistrate’s jurisdiction. It ensures proper understanding of criminal procedure.
